Loading...
HomeMy WebLinkAboutORD 03 (2025)ORDINANCE NO. 03 (2025) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING TITLE 15 OF THE DIAMOND BAR CITY CODE AND ADOPTING, BY REFERENCE, THE 2025 CALIFORNIA BUILDING CODE, VOLUMES 1 AND 2, INCLUDING CHAPTER 1 DIVISION II, AND APPENDICES I, AND J THERETO, THE 2025 CALIFORNIA MECHANICAL CODE, AND THE APPENDICES THERETO, THE 2025 CALIFORNIA PLUMBING CODE, AND THE APPENDICES THERETO, THE 2025 CALIFORNIA ELECTRICAL CODE, AND THE APPENDICES THERETO, THE 2025 CALIFORNIA RESIDENTIAL CODE, INCLUDING APPENDICES H, J, K, AND O THERETO, THE 2025 CALIFORNIA GREEN BUILDING CODE, WITHOUT THE APPENDICES THERETO, AND THE 2025 CALIFORNIA WILDLAND-URBAN INTERFACE CODE, WITHOUT APPENDICES, TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, DELETIONS AND EXCEPTIONS, WHEREAS, California Government Code Section 50022.1 et seq., authorizes the City of Diamond Bar to adopt by reference the 2025 California Building Code; the 2025 California Mechanical Code; the 2025 California Plumbing Code; the 2025 California Electrical Code; the 2025 California Residential Code; the 2025 California Wildland Urban Interface Code; and the 2025 Green Building Code as set forth in the California Code of Regulations, Title 24, parts 2, 2.5, 3, 4, 5, 7, 9, and 11. WHEREAS, pursuant to California Health and Safety Code Sections 17922, 17958, 17958.5 and 17958.7, the City may make modifications to the Title 24 building standards and requirements that it deems reasonably necessary to protect the health, welfare and safety of the citizens of Diamond Bar because of local climatic, geological, or topographical conditions; and WHEREAS, at least one copy of each of the codes and standards identified in this Ordinance and certed as full, true and correct copies thereof by the City Clerk of the City of Diamond Bar have been filed in the office of the City Clerk in accordance with the provisions of California Government Code Section 50022.6; and WHEREAS, the City introduced for first reading this Ordinance on November 4, 2025, at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the codes and standards identified in this Ordinance as amended herein; and WHEREAS, pursuant to California Government Code Section 6066, the City published notice of the public hearing on November 5, 2025 and November 12, 2025 for the hearing set forth in sections above and below; and WHEREAS, the City held a public hearing on November 18, 2025, at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the codes and standards identified in this Ordinance as amended herein. WHEREAS, any and all legal prerequisites relating to the adoption of this Ordinance have occurred; and Ordinance No. 03 (2025) WHEREAS, the State of California and the City of Diamond Bar has consistently promoted and encouraged the use of fuel -efficient electric vehicles; and WHEREAS, the State of California recent adopted Assembly Bill 1236, which requires local agencies to adopt an ordinance that creates an expedited and streamlined permitting process for electric vehicle charging systems; and WHEREAS, creation of an expedited, streamlined permitting process for electric vehicle charging stations would facilitate convenient charging of electric vehicles and help reduce the City's reliance on environmentally damaging fossil fuels; and WHEREAS, the proposed ordinance does not constitute a project under the California Environmental Quality Act (CEQA), as defined by CEQA Guidelines Section 15378(b). Accordingly, the adoption is exempt from CEQA. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and ordain as follows: Sectionis Findings in Support of Modifications to Title 24 Building Standards. The Council does expressly find and determine that the modifications to the Title 24 building standards set forth herein are reasonably necessary to protect the health, welfare and safety of the citizens of Diamond Bar because of the following local climatic, geological or topographic conditions. (1) The hillsides in Diamond Bar are composed of the Puente Formation, and similar weak geological materials, while neighboring flatland areas are composed of more stable fill and alluvial materials. These materials may be naturally unstable or weak in terms of physical support. These highly expansive soil conditions are vulnerable to earth movement as well as unpredictable seismic response of buildings. The unpredictable response from prior seismic events including Chino Hills, Northridge, and the Whittier earthquakes have demonstrated the need for greater quality control to ensure against poor seismic performance of multi -story structures. (2) The City experiences diverse temperatures, which promotes expansion and contraction of the soil. This condition is very damaging to expansive type soil. (3) Because of the above -described climatic and geological conditions, the City of Diamond Bar requires special engineering to support habitable structures within the unstable soil areas and requires additional measures to be taken in connection with excavation and grading activities. (4) The City is located in a seismically active area and is in close proximity to various active faults including the Chino, Sierra Madre, Cucamonga, Whittier, San Jacinto and Raymond Faults. It is reasonably foreseeable that an earthquake would render the City particularly vulnerable to devastation. Ordinance No. 03 (2025) (5) The City has extensive hillside topography, unstable geology, watershed areas, expansive soils, and underground streams. In addition, the regional climate alternates between extended periods of drought and brief periods of rainfall. For these reasons, the City is susceptible to flood conditions. (6) Because of the above -described geological conditions within the City, and the substantial amount of freeway, railroad, and flood control facilities throughout the community, the City, in the event of an earthquake, may be unable to dispatch an adequate number of fire personnel and apparatus to suppress fires and conduct rescue operations. Moreover, the conditions within Diamond Bar likewise occur in surrounding communities, hereby rendering mutual aid assistance problematic, at best. (7) Due to the City's topography, numerous hillside fire hazard areas are located within its boundaries. (8) Climatic conditions within the community render it extremely likely that, in the event of seasonal high winds and earthquake occurring, the County Fire Department would be unable to suppress numerous fires occurring throughout the community. (9) Located throughout the City, as well as in the surrounding communities, are numerous concentrations of structures which have roofs constructed of thinly cut pieces of wood, otherwise known as untreated shakes, as well as untreated wood shingles. These untreated wood shakes and shingles are extremely combustible in nature. (10) The City is located in an area climatically classified as "arid" and prone to winds of high velocity. Moreover, due to the and nature of the area, the weather during the windy periods tends to be very warm and dry. The dry weather conditions present a significant threat of wild fire to the City's undeveloped hillsides, wild lands, and nearby homes, and highly populated areas. The potential for rapid spread of even small fires creates a need for increased levels of fire protection. (11) Sound transmission controls are necessary to protect City residents from excessive noise generated by multiple nearby freeway interchanges and large arterial streets, among other sources. (12) Local climate makes pool ownership desirable. Children often reside in close proximity to swimming pools, making pool barriers necessary. This need is increased due to potential delays in emergency rescue response resulting from the location of hillside residences and traffic congestion. (13) The City is in an area classified climatically as "arid" and subject to seasonal high temperatures that will affect electrical wiring not designed to be retained for an extended period of time. (14) The Council does hereby further expressly find and determine that the amendments to the Title 24 building standards, set forth herein, and as referenced below, are �3 Ordinance No. 03 (2025) appropriate given the specific local climatic, geological or topographic conditions set forth above. a. CBC Sections 1505.1, 1505.1.3 and 1505.1.1 — Findings 7, 81 9, and 10. b. CBC Sections 1612.5 —Finding 5. c. CBC Sections 1801.2, 1803.1, 1803.8, 1803.8.1, 1803.8.2, 1809.4, and Appendix J — Findings 1, 2, 31 4, and 5. d. CRC Sections R301.1.3.2, R309.1, R309.2, R337.1.3.1 —Findings 10. e. CRC Section R342 —Finding 1. f. CRC Section R341 —Finding 11. g. CRC Section R602.10.8 —Finding 1, 2, 3, 4, and 5. h. CBC Section 3109.4.1 and CRC R343 —Finding 12. i. CPC Section 722.E —Finding 3. j. CEC Section 590.3 —Finding 13. The following local conditions apply to the California Building Code Amendments: (15) The City is located in a seismically active area and is in close proximity to various active faults including the Chino, Sierra Madre, Cucamonga, Whittier, San Jacinto and Raymond Faults. It is reasonably foreseeable that an earthquake would render the City particularly vulnerable to devastation. (16) The City has extensive hillside topography, unstable geology, watershed areas, expansive soils, and underground streams. In addition, the regional climate alternates between extended periods of drought and brief periods of rainfall. For these reasons, the City is susceptible to flood conditions. (17) Because of the above -described geological conditions within the City, and the substantial amount of freeway, railroad, and flood control facilities throughout the community, the City, in the event of an earthquake, may be unable to dispatch an adequate number of fire personnel and apparatus to suppress fires and conduct rescue operations. Moreover, the conditions within Diamond Bar likewise occur in surrounding communities, hereby rendering mutual aid assistance problematic, at best. (18) Due to the City 's topography, numerous hillside fire hazard areas are located within its boundaries. 0 Ordinance No. 03 (2025) (19) Climatic conditions within the community render it extremely likely that, in the event of seasonal high winds and earthquake occurring, the County Fire Department would be unable to suppress numerous fires occurring throughout the community. (20) Located throughout the City, as well as in the surrounding communities, are numerous concentrations of structures which have roofs constructed of thinly cut pieces of wood, otherwise known as untreated shakes, as well as untreated wood shingles. These untreated wood shakes and shingles are extremely combustible in nature. (21) The City is located in an area climatically classified as "arid" and prone to winds of high velocity. Moreover, due to the arid nature of the area, the weather during the windy periods tends to be very warm and dry. The dry weather conditions present a significant threat of wild fire to the City's undeveloped hillsides, wildlands, and nearby homes and highly populated areas. The potential for rapid spread of even small fires create a need for increased levels of fire protection. The Council does hereby further expressly find and determine that the amendments to the Title 24 building standards, set forth herein, are appropriate given the specific local climatic, geological or topographic conditions set forth above. Section 2: Title 15 (Building and Construction Safety), Chapter 15.00, Division 2. Administration Code is hereby deleted in its entirety and replaced to read as follows. DIVISION 2. -ADMINISTRATION CODE Sec. 15.00.110. Chapter 1, Division II of the California Building Code (Scope and Administration) —Adopted. Sec. 15.00.120. Amendments to Chapter 1, Division II of the California Building Code (Scope and Administration). Sec. 15,00.130. Penalties for violation of division. Secs. 15.00.140. — 15.00.300. Reserved. Sec. 15.00.110. Chapter 1, Division II of the California Building Code (Scope and Administration) —Adopted. Except as amended by Section 15.00.120, Chapter 1, Division II of the 2025 California Building Code, is hereby adopted and incorporated herein by reference as though fully set forth in this Division and shall constitute the Administration Code of the City. Sec. 15.00.120. Amendments to Chapter 1, Division II of the California Building Code (Scope and Administration). (1) Section 104.E of the California Building Code is amended to read as follows: 104.4 Right of entry. The building official, or their duly authorized representative, shall have the authority to enter any building or premises for the purpose of investigation of the existence of suspected or reported damage or Ordinance No. 03 (2025) defects which constitute an immediate danger to human life or an immediate hazard to public safety or health. Except in emergency situations, the building official, or their authorized representative, shall not enter any building or premises without the consent of the owner or occupant thereof, unless they possesses a warrant authorizing entry and search of the premises. No person shall hinder or prevent the building official, or their authorized representative, while in the performance of the duties herein described as emergency situations or while in possession of a warrant, from entering upon and into any and all premises under their jurisdiction, at all reasonable hours, for the purpose of inspecting the same to determine whether or not the provisions of the Chapter and all other applicable laws or ordinances pertaining to the protection of persons or property are observed therein. (2) Section 105.1 of the California Building Code is amended to read as follows: 105.1 Permits required. Except as specified in Section 105.2, no building or structure regulated by this Code shall be used, erected, constructed, enlarged, altered, repaired, moved, improved, removed, occupied, maintained, converted or demolished unless a separate permit for each building or structure has first been obtained from the building official. All signs affixed to any building or structure and not otherwise requiring a permit hereunder shall require a building permit. (3) Section 105.2 of the California Building Code is amended to restafe exemptions 17 4, and 9 as follows: 105.2 Work exempt from permit. 1. One story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided (a) the floor area is not greater than 120 square feet (11 m2); (b) the structure does not exceed 8 feet (2.44 m) in height; (c) the structure has no plumbing or electrical installations or fixtures; and (d) the structure is separated from any other accessory structures by a minimum distance of 6 feet (1.83 m) 4. Retaining walls that are not over 3 feet (914 mm) in height measured from the bottom of footing to the top of the wall, unless supporting a surcharge or impounding flammable liquids. 9. Prefabricated swimming pools, spas, or hot tubs accessory to Group R, Division 3 Occupancy that are less than 24 inches deep (610 mm), are not greater than 5,000 gallons (18 925 L) and are installed entirely above ground. (4) Section 105.3 of the California Building Code is amended to read as follows: 105.3 Application for permit. Application for a permit to perform the work shall be made in writing to the building official and shall fully describe said work. Plans, Ordinance No. 03 (2025) engineering calculations, diagrams, and other data, including specifications and schedules, may be required to determine whether the installation as described will be in conformance with the requirements of this Title. If it is found that the installation as described will conform to all legal requirements, and if the applicant has complied with the provisions of this Title, a permit for such installation shall be issued. No deviation may be made from the installation described in the permit and plan without the prior written approval of the building official. (5) Section 105.3.2 of the California Building Code is amended to read as follows: 105.3.2 Expiration of plan review. Applications for which no permit is issued within one -hundred -eighty (180) days following the date of filing shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. The building official may extend the time for action by the applicant for a period not exceeding 180 days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. Were applicable, CA Health and Safety Code 18938.5 to 18938.6 shall apply. (6) Section 105.5 of the California Building Code is amended to read as follows: 105.5 Expiration. Except as set forth in Section 105.5.1 and 105.5.2, every permit issued shall expire by limitation and become null and void as follows: (i) Every permit issued by the building official under the provisions of this Code shall expire and become null and void unless the work authorized by such permit is commenced within twelve (12) months after permit issuance, and if a successful inspection has not been obtained from the building official within one -hundred -eighty (180) days from the date of permit issuance or the last successful inspection. A successful inspection shall mean a documented passed inspection by the city building inspector as outlined in Section 110.6. The building official may extend the time for action by the applicant in writing for a period not exceeding one -hundred - eighty (180) days beyond the latest expiration limit upon written request by the applicant, filed with the building official prior to expiration of the original permit. Where applicable, CA Health and Safety Code 18938.5 to 18938.4 shall apply but shall not negate the requirement for a successful inspection. (ii) In the event of permit expiration and before work for which such permit was required can be commenced or recommenced, a new permit shall first be obtained (hereafter, a "renewal permit"). The applicant must pay all applicable renewal fees, in the amount then established by resolution of the City Council. If a renewal permit is applied for, the building official shall have the discretion to request a site inspection prior to its issuance and a miscellaneous inspection fee shall be paid by the applicant prior to Ordinance No. 03 (2025) inspection. The inspection fee shall be as specified by resolution of the City Council. In addition, the applicant may be required to resubmit plans and specifications, when deemed necessary by the building official to verify compliance with the building codes, ordinances, regulations, standards, and laws in effect at the time the renewal permit is applied for. upon issuance of a renewal permit, the building official may allow the applicant to commence or recommence such work from the last successful inspection of record under the original permit. When an expired building permit includes expired sub -permits, activation of the renewal permit shall activate all subsequent expired sub -permits. All work to be performed under a renewal permit must be completed in accordance with the building codes, ordinances, regulations, standards, and laws in effect on the date of issuance of the renewal permit. (iv) Demolition permits shall expire by limitation and shall become null and void if the work authorized by such permits is not substantially commenced within 45-days of the date such permit was issued or as otherwise specified by the building official. (7) Section 105.5.2 is added to the California Building Code to read as follows: 105.5.2 Expiration of permit for unlawful structure. Notwithstanding any provision of Section 105.5, if a building permit was issued in order to bring an un- permitted structure or other unlawful, substandard, or hazardous condition into compliance with any applicable law, ordinance, rule or regulation, such permit shall expire by limitation and become null and void 90 days after the date on which the permit was issued if all work has not been completed and final inspection approved by the building inspector per Section 110.3.12 prior to the close of the 90 day period. The building official may extend the validity of the permit for a period not exceeding 90 days beyond the initial 90 day limit upon written request by the applicant filed with the building official prior to the expiration date of the original permit. Where a project cannot reasonably be completed within the timeframes listed in this Section, an applicant may request in writing, prior to issuance of permit or prior to expiration of permit, building official approval of a longer period not to exceed 360 days in total, inclusive of all available extensions. (8) Section 105.8 is added to the California Building Code to read as follows: 105.8 Qualifications of permittee. No person shall be issued a permit under this Chapter until evidence of a valid California Contractor's License and Workers' Compensation Insurance is presented to the building official. EXCEPTION: Owner -builder permit may be issued for specified occupancies in accordance with California law. E. Ordinance No. 03 (2025) (9) Section 109.1 of the California Building Code is amended to read as follows: 109.1 Permit fees. The fees required in this Chapter shall be paid to the City of Diamond Bar for all work for which a permit is required by this Title. (10) Section 109.4 of the California Building Code is amended to read as follows: 109.4 Work commencing before permit issuance. Failure to obtain a permit and to pay fees therefore before commencing work shall be deemed evidence of violation of the provisions of this Chapter. A penalty, as established by resolution of the City Council, shall be assessed for work commenced before a permit is issued. Whenever any work for which a permit is required under the provisions of this Chapter has been commenced without the authorization, a special investigation may be required before a permit will be issued for any such work. In addition to any regular permit fee and/or any penalty fee, the said investigation fee shall be collected as established by resolution of the City Council. (11) Section 109.E of the California Building Code is amended to read as follows: 109.E Fee refunds. The building official shall collect such fees as are required to be paid by this Chapter and shall make no refund of fees paid except in accordance the provisions of this Section and in no event after one hundred eighty (180) days have elapsed from the date of the issuance of the permit. All requests for refund of fees paid shall be made in writing to the building official and shall be made in accordance with the procedures and refund schedule established by resolution of the City Council. (12) Section 109.7 is added to the California Building Code read as follows: 109.7 Plan review fees. When a plan or other data is required to be submitted for review and approval by the building official pursuant to this Chapter, a plan review fee shall be paid at the time of submittal of such plan or other data. Said pIan review and recheck fees shall be established, and may be amended from time to time, by resolution of the City Council. (13) Section 110.3.4.2 is added to the California Building Code to read as follows: 110.3.4.2 Accessibility rough inspection. Accessibility rough inspections shall be made at the same time with rough frame inspections outlined in Section 110.3.4. Framing shall be verified for accessible dimensions and site access features shall be prepared, non -accessible features demolished, and measurements verified for installation of curb ramps, slope of surfaces, future concrete or asphalt installation, signage locations prepared, discrepancies between plans and site conditions resolved, and any other accessible features as determined by the building official. E Ordinance No. 03 (2025) (14) Section 113.1 of the California Building Code is amended to read as follows: 113.1 Appeals. A decision of the building official regarding the interpretation or implementation of any provision of this Chapter or the Code adopted hereby shall be final and shall become effective forthwith upon the service of the decision by the building official, in writing, upon the permittee. For the purposes of this section, service upon the permittee shall mean either personal delivery or placement in the United States Mail, postage prepaid, and addressed to the permittee at his last known business address; provided, however, that the permittee may, within ten (10) days after the effective date of the decision of the building official, file an appeal with the City Clerk, in writing, specifying the reason or reasons for the appeal and requesting that the Board of Appeals review the decision of the building official. (15) Section 113.3 of the California Building Code is amended to read as follows: 113.3 Board of Appeals. The City Council shall act as the Board of Appeals in making a final determination of any appeal filed in accordance with the provisions of Section 113.1. The City Clerk shall schedule a hearing on the appeal at reasonable times at the convenience of the Board of Appeals, but not later than thirty (30) days after receipt of the written appeal. The permittee may appear in person before the Board or be represented by an attorney and may introduce evidence to support his claim. The building official shall transmit to the Board all records, papers, documents, and other materials in support of his decision and shall provide a copy thereof to the permittee appealing the decision of the building official. The permittee appealing the decision of the building official shall cause, at his own expense, any tests or research required by the Board to substantiate his claim to be performed or otherwise carried out. The Board may continue such appeal hearing from time to time as deemed necessary by the Board. The Board may, by resolution, affirm, reverse or modify in whole or in part, any appealed decision, determination, or interpretation of the building official. A copy of the resolution adopted by the Board shall be mailed to the permittee and the Board's decision shall be final upon the mailing, by United States Mail, postage prepaid, to the permittee's last known address of record. The determination of value or valuation under any of the provisions of this Chapter shall be made by the building official whose determination shall be final. The value is to be utilized in computing the permit and plan review fees established pursuant to this Chapter shall be the total value of all work for which the permit is issued including, by way of illustration and not by limitation, construction and finish work, painting, roofing, electrical, plumbing, heating, air- conditioning, elevators, fire -extinguishing systems, and all other permanent equipment. Sec. 15.00.130. Penalties for violation of division. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, 10 Ordinance No. 03 (2025) firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefore as provided in this Division. Secs. 15.00.140—15.00.300. Reserved. SECTION 3: Title 15 (Building and Construction Safety), Chapter 15.00, Division 3. Building Code is hereby deleted in its entirety and replaced to read as follows: DIVISION 3. -BUILDING CODE Sec. 15.00.310. California Building Code — Adopted. Sec. 15.00.320. Amendments to the California Building Code. Sec. 15.00.330. Penalties for violation of division. Secs. 15.00.340. — 15.00.500. Reserved. Sec. 15.00.310. California Building Code —Adopted. Except as amended by Sections 15.00.120 and 15.00.320, the 2025 California Building Code (Part 2 of Title 24 of the California Code of Regulations), and Appendix I (Patio Covers), and J (Grading) thereto, based on the 2024 International Building Code published by the International Code Council, is hereby adopted and incorporated herein by reference as though fully set forth in this Division and shall constitute the Building Code of the City. A copy of such Code has been deposited in the office of the City Clerk and shall be, at all times, maintained by the City Clerk for use and examination by the public. Sec. 15.00.320. Amendments to the California Building Code. (1) Section 1505.1 of the California Building Code is amended to read as follows: 1505.1 Roof covering requirements. The roof covering or roofing assembly on any structure regulated by this Code shall as specified in Table 1505.1 and as classified in Sections 1505.2 to 1505.8. Roofing shall be secured or fastened to the supporting roof construction and shall provide weather protection for the building at the roof. (2) Section 1505.1.1 of the California Building Code is amended to read as follows: 1505.1.1 Roof coverings within high fire hazard severity zones. Unless governed by more stringent requirements of this Code, buildings within any area 11 Ordinance No. 03 (2025) designated as a Very -High Fire Hazard Zone shall have a fire -retardant roof covering that is at least a Class A, as specified below: (i) Section 1505.1.1 is applicable to the entire roof covering of new buildings, to the entire roof covering of existing buildings where twenty-five percent (25%) or more of the roof area is replaced within any one-year period, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure. The installer of the roof covering shall provide certification of the roof covering classification to the building owner and, when requested, to the inspection authority having jurisdiction. (3) Section 1505.1.2 of the California Building Code is amended to read as follows: 1505.1.2 Roof coverings within all other areas. The entire roof covering of every existing structure where more than 25 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire -retardant roof covering that is at least Class C. (4) Section 1612.5 is added to the California Building Code to read as follows: 1612.5 Flood hazard. Buildings and other structures (including walls and fences) are not permitted in an area determined by the City Engineer to be subject to flood hazard by reason of inundation, overflow, or erosion. The placement of the building and other structures (including walls and fences) on the building site shall be such that water or mud flow will not be a hazard to the building or adjacent property. EXCEPTION: This prohibition shall not apply when provision is made to eliminate sUCH flood hazard to the satisfaction of the City Engineer by providing adequate drainage facilities, by protective walls, suitable fill, raising the floor level of the building, a combination of these methods, or by other means. Provisions must be determined by an engineering analysis, prepared in accordance with standard engineering practice by a registered design professional, that demonstrates the proposed work will not result in any increase in the level of the base flood. (5) Section 1801.2 is added to the California Building Code to read as follows: Section 1801.2 Seismic hazard zone maps. Special studies zones maps within the City of Diamond Bar prepared under Sections 2622 and 2623 of the California Public Resources Code which show traces of earthquake faults are hereby declared to be, on the date of official issue, a part of this Code, and may be referred to elsewhere in this Code. Special studies zones maps revised under 12 Ordinance No. 03 (2025) the above Sections of the California Public Resources Code shall, on the date of their official issue, supersede previously issued maps which they replace. Copies of each of the above maps shall be available for examination by the public at the Department of Public Works, Department of Community Development, and the Office of the City Clerk. (6) Section 1803.1 of the California Building Code is amended by the addition of a second paragraph to read as follows. The City Engineer in the case of an application for a grading permit or if the Building Official determines necessary, may require an engineering geology or geotechnical engineering report, or both, where in his opinion such reports are essential for the evaluation of the safety of the site. The engineering geology or geotechnical engineering report or both shall contain a finding regarding the safety of the building site for the proposed structure against hazard from landslide, settlement or slippage and a finding regarding the effect that the proposed building or grading construction will have on the geologic stability of property outside of the building site. Any engineering geology report shall be prepared by a certified engineering geologist licensed by the State of California. Any geotechnical engineering report shall be prepared by a civil engineer qualified to perform this work, such as a geotechnical engineer experienced in soil mechanics. When both an engineering geology and geotechnical engineering report are required for the evaluation of the safety of a building site, the two reports shall be coordinated before submission to the City Engineer and/or Building Official. Any finding regarding the safety of the building site and the effect that the proposed building or grading construction will have on the geologic stability of property outside of the building site must be substantiated with sufficient data and analyzed in a manner consistent with the current industry standard of care and must be concurred with by the City Engineer and/or Building Official who may rely on the opinion of independent geotechnical reviewers. (7) Section 1803.8 is added to the California Building Code to read as follows: 1803.8 Geologic hazards. No building or grading permit shall be issued under the provisions of this Section 1803 when the City Engineer finds that property outside the site of the proposed work could be damaged by activation or acceleration of a geologically hazardous condition and such activation or acceleration could be attributed to the proposed work on, or, change in use of, the site for which the permit is requested. For the purpose of this Section, geologically hazardous condition does not include surface displacement due to earthquake faults. (8) Section 1803.8.1 is added to the California Building Code to read as follows: 1803.8.1 Work requiring a building or grading permit by this Code is not permitted in an area determined by the City Engineer to be subject to hazard from landslide, settlement, or slippage. These hazards include those from loose 13 Ordinance No. 03 (2025) debris, slope wash and the potential for mud flows from natural slopes or graded slopes. For the purposes of this Section, landslide, settlement, or slippage does not include surface displacement due to earthquake faults. (9) Section 7 803. 8.2 is added to the California Building Code to read as follows: 1803.8.2 Subject to the conditions of Section 1803.8, permits may be issued in the following cases: (i) When the applicant has submitted an engineering, geology and/or geotechnical engineering report or reports complying with the policies and provisions of City Engineer which report or reports show that the hazard will be eliminated prior to the use or occupancy of the land or structures by modification of topography, reduction of subsurface water, buttressing, a combination of these methods, or by other means. (ii) When the applicant has submitted an engineering geology and/or geotechnical engineering report or reports complying with the policies and provisions of the City Engineer which report or reports contain sufficient data to show that the site appears to be in no danger for the intended use. (10) Section 1809.4 of the California Building Code is amended to read as follows: 1809.4 Foundations on expansive soil. Unless otherwise specified by a registered geotechnical engineer, foundation systems within the City of Diamond Bar are considered to be on expansive soil and shall be constructed in a manner that will minimize damage to the structure from movement of the soil. Slab -on - grade and mat -type footings for buildings located on expansive soils may be designed in accordance with the provisions of Section 1808.6.2 or such other engineering design based upon geotechnical recommendation as approved by the Building Official. Where such an approved method of construction is not provided, foundations and floor slabs shall comply with the following requirements: (i) Depth of foundations below the natural and finish grades shall be not less thOH 24 inches for exterior and 18 inches for interior foundations. Exterior walls and interior bearing walls shall be supported on continuous foundation. Foundations shall be reinforced with at least two continuous one -half -inch diameter deformed reinforcing bars top and bottom. Two bars shall be placed within four inches of the bottom of the foundation and two within four inches of the top of the foundation. (iv) Concrete floor slabs on grade shall be cast on a four -inch fill of coarse aggregate or on a moisture barrier membrane. The slabs shall be at least three and one-half inches thick and shall be reinforced with welded wire IM4 Ordinance No. 03 (2025) mesh or deformed reinforcing bars. Welded wire mesh shall have a cross - sectional area of not less than five -hundredths square inch per foot each way. Reinforcing bars shall have a diameter of not less than three -eighths inch and be spaced at intervals not exceeding 24 inches each way. (v) The soil below an interior concrete slab shall be saturated with moisture to a depth of 18 inches prior to casting the concrete. (11) Section 3109.3 of the California Building Code is added to read as follows: 3109.3 Barrier Height and clearances. The top of the barrier shall be not less than 60 inches (1524 mm) above grade measured on the side of the barrier that faces away from the swimming pool. The vertical clearance between grade and the bottom of the barrier shall be not greater than 2 inches (51 mm) measured on the side of the barrier that faces away from the swimming pool. Where the top of the pool structure is above grade, the barrier is authorized to be at ground level or mounted on top of the pool structure, and the vertical clearance between the top of the pool structure and the bottom of the barrier shall be not greater than 4 inches (102 mm). Residential swimming pools barriers shall be completely enclosed by a barrier complying with Sections 3109.4.1.1 through 3109.4.3 below: 3109.3.1 Openings. Openings in the barrier shall not allow passage of a 4-inch- diameter (102 mm) sphere. 3109.3. 2 Solid barrier surfaces. Solid barriers which do not have openings shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints. 3109.3.3 Closely spaced horizontal members. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches (1143 mm), the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall be not greater than 13/4 inches (44 mm) in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall be not greater than 13/4 inches (44 mm) in width. 3109.3.4 Widely spaced horizontal members. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches (1143 mm) or more, spacing between vertical members shall be not greater than 4 inches (102 mm). Where there are decorative cutouts within vertical members, spacing within the cutouts shall be not greater than 13/4 inches (44 mm) in width. 3109.3.5 Chain link dimensions. Mesh size for chain link fences shall be not greater than a 2'/a-inch square (57 mm square) unless the fence is provided with slats fastened at the top or the bottom that reduce the openings to not more than 13A inches (44 mm). 15 Ordinance No. 03 (2025) 3109.3.6 Diagonal members. Where the barrier is composed of diagonal members, the opening formed by the diagonal members shall be not greater than 13/4 inches (44 mm). 3109.3.7 Gates. Access doors or gates shall comply with the requirements of Sections 3109.4.1.1 through 3109.4.1.6 and shall be equipped to accommodate a locking device. Pedestrian access doors or gates shall open outward away from the pool and shall be self -closing and have a self -latching device. Doors or gates other than pedestrian access doors or gates shall have a self -latching device. Release mechanisms shall be in accordance with Sections 1010.1.9 and 1109.13. Where the release mechanism of the self -latching device is located less than 54 inches (1372 mm) from the bottom of the door or gate, the release mechanism shall be located on the pool side of the door or gate 3 inches (76 mm) or more, below the top of the door or gate, and the door or gate and barrier shall be without openings greater than 1/2 inch (12.7 mm) within 18 inches (457 mm) of the release mechanism. 3109.3.8 Dwelling wall as a barrier. Where a wall of a dwelling serves as part of the barrier, one of the following shall apply: 1. Doors with direct access to the pool through that wall shall be equipped with an alarm that produces an audible warning when the door or its screen, if present, are opened. The alarm shall be listed and labeled in accordance with UL 2017. In dwellings not required to be Accessible units, Type A units or Type B units, the deactivation switch shall be located 54 inches (1372 mm) or more above the threshold of the door. In dwellings required to be Accessible units, Type A units or Type B units, the deactivation switch shall be located not higher than 54 inches (1372 mm) and not less than 48 inches (1219 mm) above the threshold of the door. 2. The pool shall be equipped with a power safety cover that complies with ASTM F 1346. 3. Other means of protection, such as self -closing doors with self -latching devices, which are approved, shall be accepted so long as the degree of protection afforded is not less than the protection afforded by Item 1 or 2 above. 3109.3.9 Pool structure as barrier. Where an above -ground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, then the ladder or steps either shall be capable of being secured, locked or removed to prevent access, or the ladder or steps shall be surrounded by a barrier that meets the requirements of Sections 31096401.1 through 3109.4.1.8. Where the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a 44ch-diameter (102 mm) sphere. 16 Ordinance No. 03 (2025) 3109.4.1 Indoor swimming pools. Walls surrounding indoor swimming pools shall not be required to comply with 3109.4.1.8. 3109.4.2 Prohibited locations. Barriers shall be located so as to prohibit permanent structures, equipment or similar objects from being used to climb the barriers. (12) Section J101.2 is added to Appendix J of the California Building Code to read as follows: J101.2 Flood hazard areas. Unless the applicant has submitted an engineering analysis, prepared in accordance with standard engineering practice by a registered design professional, that demonstrates the proposed work will not result in any increase in the level of the base flood, grading excavation and earthwork construction, including fills and embankments, shall not be permitted in floodways that are in flood hazard areas established in Section 1612.3 or in flood hazard areas where design flood elevations are specified but floodways have not been designated. (13) Section J101.3 is added to Appendix J of the California Building Code to read as follows: J101.3 Hazardous conditions. Whenever the City Engineer determines that any existing excavation, embankment or fill has become a hazard to life and limb, or endangers property, structures, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the excavation, embankment or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the City Engineer shall within the period specified therein repair, reconstruct or remove such excavation, embankment or fill so as to eliminate the hazard in conformance with the requirements of this Code. (14) Section J101.4 is added to Appendix J of the California Building Code to read as follows: J101.4 Maintenance of protective devices and rodent control. The owner of any property on which grading has been performed pursuant to a permit issued under the provisions of this Code, or any other person or agent in control of such property, shall maintain in good condition and repair all drainage structures and other protective devices and burrowing rodent control when shown on the grading plans filed with the application for grading permit and approved as a condition precedent to issuance of such permit. 17 Ordinance No. 03 (2025) (15) Section J101.5 is added to Appendix J of the California Building Code to read as follows: J101.5 Correlation with other sections. The provisions of this chapter are independent of the provisions of Division 9, Building and Property Rehabilitation Code of Title 15 of the Diamond Bar City Code. (16) Section J102.1 ofAppendix J of the California Building Code is revised by adding the following definitions: BUILDING OFFICIAL. Whenever in Appendix J the term "Building Official" is used, said term shall mean, and all powers and duties to be exercised by the Building Official shall be vested in, the City Engineer of the City of Diamond Bar. CIVIL ENGINEER. A professional engineer registered in the State of California to practice in the field of civil engineering works and shall include the civil engineer of record or project engineer. CIVIL ENGINEERING. The application of the knowledge of the forces of nature, principles of mechanics and the properties of materials to the evaluation, design and construction of civil engineering works. DESIGN ENGINEER. The Civil Engineer responsible for the preparation of the grading plans for the site grading work. ENGINEERING GEOLOGIST. Shall mean a person experienced and knowledgeable in engineering geology and holding a valid certificate of registration as a geologist issued by the State of California. GEOTECHNICAL ENGINEER. See "Soils Engineer." GEOTECHNICAL HAZARD. An adverse condition due to landslide, settlement, and/or slippage. These hazards include but are not limited to loose debris, slopewash, and mud flows from natural or graded slopes. LANDSCAPE ARCHITECT. A person holding a valid certificate of registration as a landscape architect issued by the State of California. SOILS ENGINEER (GEOTECHNICAL ENGINEER). A civil engineer experienced and knowledgeable in the practice of soils (geotechnical) engineering and holding a valid certificate of registration as a soils (geotechnical) engineer issued by the State of California and shall include the soils engineer of record or project soils engineer. SOILS ENGINEERING (GEOTECHNICAL ENGINEERING). The application of the principals of soils mechanics in the investigation, evaluation, and design of civil engineering works involving the use of earth materials and the inspection or testing of construction thereof. m Ordinance No. 03 (2025) (1 f) Section J103. 7 or ppendix J of the California Building Code is amended to read as follows: J103.1 Permits required. Except as exempted in Section J103.2, no person shall do any grading without first obtaining a grading permit from the City Engineer. A separate permit shall be required for each site, and may cover both excavations and fills, except that a grading permit may be issued for a site to include incidental minor work outside the site on contiguous property, provided that the owner of such contiguous property has filed with the City Engineer written consent to the work. Such consent shall include a statement that the owner will irrigate and maintain planted slopes and maintain drains located within his property and the owner will hold the City of Diamond Bar free and clear of any liability for damages to the proposed work. A grading permit does not include the construction of retaining walls or other structures. (18) Section J103.3 is added to Appendix J of the California Building Code to read as follows: J103.3 Other permits required and jurisdiction of other agencies. J103.3.1 Other permits required. Permits issued under the provisions of Appendix J convey no right to erect any foundation, structure or building, or construct any swimming pool, spa or hot tub, or do any plumbing work, or do any electrical work. Regular foundation, structure or building; swimming pool, spa or hot tub; plumbing; electrical or other permits shall be secured for all such work. J103.32 Jurisdiction of other agencies. Permits issued under the provisions of Appendix J shall not relieve the owner of the responsibility for securing permits, licenses or approvals that may be required from other departments or divisions of the governing agencies. (19) Section J103.4 is added to Appendix J of the California Building Code to read as follows: J103.4 Grading designation. Grading involving any fill intended to support structuresI or grading for the development of more than one lot or parcel, or grading in excess of 50 cubic yards, or grading which includes excavation or fill in excess of 5 feet in depth or height shall be performed in accordance with the approved grading plan prepared by a civil engineer, and shall be designated as "engineered grading". All other grading shall be designated as "regular grading" unless the permittee chooses to have the grading performed as "engineered grading" or unless the City Engineer determines that special conditions or unusual hazards exist, in which case grading shall be designated as and conform to the requirements of "engineered grading". Ordinance No. 03 (2025) (20) Section J104.5 is added to Appendix J of the California Building Code to read as follows: J104.5 Issuance. The provisions of Section 105.3 of Chapter 1, of the California Building Code as duly adopted, are applicable to grading permits. The City Engineer may require that grading operations and project designs be modified if delays occur which incur weather -generated problems not considered at the time the permit was issued. The City Engineer may require professional inspection and testing by the soils engineer. When the City Engineer has cause to believe that geologic factors may be involved, the grading will be required to conform to "engineered grading". The City Engineer may require bonds in such form and amounts as may be deemed necessary to ensure that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate hazardous conditions. In lieu of a surety bond, the applicant may file a cash bond or instrument of credit with the City Engineer in an amount equal to that which would be required in the surety bond. (21) Section J104.6 is added to Appendix J of the California Building Code to read as follows: J104.6 Denial of permit. J104.6.1 Flood and geologic hazards. The City Engineer shall not issue a grading permit in any case where he finds that the work, as proposed by the applicant, is likely to adversely affect the stability of adjoining property or result in the deposition of debris on any public way or interfere with any existing drainage course or be in any area determined to be subject to flood or geologic hazard under provisions of Section 116 of Chapter 1 of the 2019 California Building Code, as duly adopted and amended. EXCEPTION 1: This prohibition shall not apply when provision is made to eliminate such flood or geologic hazard to the satisfaction of the City Engineer under the provisions of Section 116 of Chapter 1 of the 2019 California Building Code, as duly adopted and amended. EXCEPTION 2: This prohibition shall not apply when grading work in an existing drainage course and is designed to meet all requirements for grading in drainage courses under the City's Hillside Management Ordinance and provision is made to the satisfaction of the City Engineer to adequately collect, convey and discharge flows through the project without increasing erosion or deposition of debris or adversely affecting upstream or downstream properties. 20 Ordinance No. 03 (2025) 104.6.2 Land use. The City Engineer shall not issue a grading permit for any work on the site unless the proposed uses shown on the grading pIan for the site will comply with the provisions of Title 22 of the Diamond Bar City Code entitled "Development Code". (22) Section J104.7 is added to Appendix J of the California Building Code to read as follows: J104.7 Import and export of earth materials in excess of 10,000 cubic yards. J104.7.1 Transport over public maintained streets. In addition to other provisions of this Code, the following requirements shall apply when earth materials in excess of 10,000 cubic yards are to be exported from or imported to a grading site by transporting such materials over a publicly maintained street. (i) The point of access to the public street shall be located as approved by the City Engineer. (ii) Special safety precautions, including, but not limited to, the access road approach grade and alignment to the public street, sight distance at the intersection with the public street and traffic control devices may be required by the City Engineer. J104.7.2 Zoning ordinance compliance. No grading permit shall be issued for the import or export of more than 10,000 cubic yards of earth material to or from a grading site where such work would be classified as an "off -site transport grading project" as defined in Title 22 of the Diamond Bar City Code, entitled "Development Code", unless the project is in conformance with Title 22. (23) Section '105.3 is added to Appendix J of the California Building Code to read as follows: J105.3 Transfer of responsibility. If the civil engineer, the soils engineer, or the engineering geologist of record is changed during grading, the work shall be stopped until the replacement has agreed in writing to accept their responsibility in the area of technical competence for approval upon completion of the work. It shall be the duty of the permittee to notify the City Engineer in writing of such change prior to the recommencement of such grading. (24) Section J109.5 is added to Appendix J of the California Building Code to read as follows: J109.5 Overflow protection. Berms, swales or other devices shall be provided at the top of cut or fill slopes steeper than five horizontal to one vertical to prevent surface waters from overflowing onto and damaging the face of the slope. 0 Ordinance No. 03 (2025) Gutters or other special drainage controls shall be provided where the proximity of runoff from buildings or other structures is such as to pose a potential hazard to slope integrity. (25) Section J110.3 is added to Appendix J of the California Building Code to read as follows: J110.3 Temporary erosion control precautions. Grading operations shall be planned to avoid the rainy season, October 15 through April 15 of the following calendar year. Grading permits shall only be issued when a plan for erosion control and silt retention has been approved by the City Engineer. J110.3.1 The City Engineer shall not issue a grading permit for any work to be commenced between October 15 of any year and April 15 of the following calendar year, unless detail plans for such work include the details of protective measures, including desilting basins or other temporary drainage control measures, or both, as may be necessary to protect the adjoining public and private property from damage by erosion, flooding or deposition of debris which may originate from the site or result from such grading operations. All protective measures shall be installed before grading has begun. All erosion control measures shall comply with any adopted National Pollutant Discharge Elimination System (NPDES) policies and standards of the City. J110.3.2 Where a grading permit is issued and grading work commenced after April 15 and before October 15 of any year and the plans for such work do not include details of the protective measures described in J110.3.1, and it appears that the grading and installation of the permanent drainage devices as authorized by the permit will not be completed by October 15, then, on or before October 15 the owner of the site on which the grading is being performed shall file or cause to be filed with the City Engineer revised detail plans which include details of the protective measures described in, and in all other respects follow, the provisions of J110.3.1a J110.3.3 Effect of noncompliance. Should the owner fail to submit detail plans orto provide the protective measures required by Sections J110.3.1 and J110.3.2 by the date specified therein, it shall be deemed that a default has occurred under the conditions of the grading permit security. Thereupon the City Engineer may enter the property for the purpose of installing, by City forces or other means, the drainage and erosion control devices shown on the approved detail plans, or if there are no approved detail plans, as may be deemed necessary to protect adjoining property from storm damage, or the City Engineer may cause the owner of the site to be prosecuted as a violator of this Code, or he may take both actions. 22 Ordinance No. 03 (2025) (26) Section J110.4 is added to Appendix J of the California Building Code to read as follows: J110.4 Permanent erosion control. J110.4.1 Planting and irrigation. The surface of all manufactured slopes shall be protected against damage by erosion by the installation of a permanent irrigation system and planting with ground cover, shrubs and/or trees which provide satisfactory long term erosion control. Planting and plant materials shall be specified and installed in accordance with the Hillside Management Ordinance of the City of Diamond Bar. The irrigation system shall provide adequate coverage and the proper application rate to maintain the appropriate moisture for the establishment and proper growth of the plantings installed, but the irrigation shall not saturate the slopes or cause erosion. J110.4.2 Planting and irrigation plans and specifications. For grading which includes cut slopes more than 5 feet in height; or fill slopes supporting structures of more than 3 feet in height; or natural slopes disturbed more than 10 feet in surficial extent by the grading operations planting and irrigation plans and specifications shall be submitted for approval of the City Engineer and/or the Community Development Director. For all manufactured slopes more than 20 feet in height or natural slopes disturbed more than 20 feet in surficial extent by grading operations plans shall be prepared and signed by a civil engineer or landscape architect. J110.4.3 Rodent control. All manufactured slopes steeper than four horizontal to one vertical within a grading project adjacent to undeveloped or unoccupied land shall be protected from potential slope damage by a preventative program of burrowing rodent control. (27) Section J112 is added to Appendix J of the California Building Code to read as follows: 1 112 Completion of work. J112.1 Final reports. Upon completion of the rough grading work and at the final completion of the work, the following reports and drawings and supplements thereto are required for engineered grading or when professional inspection is performed for regular grading, as applicable. (i) An as -built grading plan prepared by the licensed civil engineer retained to provide such services showing original ground surface elevations, as -graded ground surface elevations, lot drainage patterns, and the locations and elevations of surface drainage facilities and of the outlets of subsurface drains. As -constructed 23 Ordinance No. 03 (2025) locations, elevations and details of subsurface drains shall be shown as reported by the soils engineer. Civil engineers shall state that to the best of their knowledge work within their area of responsibility was done in accordance with the final approved grading plan. A report prepared by the licensed soils engineer retained to provide such services including locations and elevations of field density tests, summaries of field and laboratory tests, other substantiating data, and comments on any changes made during grading and their effect on the recommendations made in the approved soils engineering investigation report. Soils engineers shall submit a statement that, to the best of their knowledge, the work within their area of responsibilities is in accordance with the approved soils engineering report and applicable provisions of this Chapter. (iii) A report prepared by the licensed engineering geologist retained to provide such services including a final description of the geology of the site and any new information disclosed during the grading and the effect of same on recommendations incorporated in the approved grading plan. Engineering geologists shall submit a statement that, to the best of their knowledge, the work within their area of responsibility is in accordance with the approved engineering geologist report and applicable provisions of this Chapter. J112.2 Notification of completion. The permittee shall notify the City Engineer when the grading operation is ready for final inspection. Final approval shall not be given until all work including installation of all drainage facilities and their protective devices, and all erosion -control measures have been completed in accordance with the final approved grading plan, and the required reports have been submitted. Sec. 15.00.330. Penalties for violation of division It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this Division. 24 Ordinance No. 03 (2025) Secs. 15.00.340—15.00.500. Reserved. SECTION 4: Title 15 (Building and Construction Safety), Chapter 15.00, Division 4. Mechanical Code is hereby deleted in its entirety and replaced to read as follows: DIVISION 4. -MECHANICAL CODE Sec. 15.00.510. California Mechanical Code — Adopted. Sec. 1500055200 Amendments to the California Mechanical Code. Sec. 15.00.530. Penalties for violation of division. Secs. 15.00.540. — 1560057000 Reserved, Sec. 15.00.510. California Mechanical Code —Adopted. Except as amended by Section 15.00.520, the 2022 California Mechanical Code (Part 4 of Title 24 of the California Code of Regulations) and the appendices thereto, based on the 2021 Uniform Mechanical Code published by the International Association of Plumbing and Mechanical Officials, is hereby adopted and incorporated herein by reference as though fully set forth in this Division and shall constitute the Mechanical Code of the City. A copy of such Code has been deposited in the office of the City Clerk and shall be, at all times, maintained by the Clerk for use and examination by the public. Sec. 15.00.520. Amendments to the California Mechanical Code (1) Section 101.E is added to the California Mechanical Code to read as follows: 101.E Conflicts with Administration Code. Where conflicts between Chapter 1, Division II of this Mechanical Code and the Administration Code occur, the Administration Code shall prevail. The purpose of Chapter 1 Division II of the Mechanical Code is to supplement the Administration Code. (2) Section 104.5 of the California Mechanical Code is amended to read as follows: 104.5 Fees. Refer to Administration Code Section 109. (3) Section 107.0 of the California Mechanical Code is amended to read as follows: 107.0 Board of Appeals. Refer to Administration Code Section 113. Sec. 15.00.530. Penalties for violation of division. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which 25 Ordinance No. 03 (2025) any violation of any of the provisions of this Division or the Codes adopted is hereby committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this Division. Secs. 15.00.540 — 15.00.700. Reserved. SECTION 5: Title 15 (Building and Construction Safety), Chapter 15I Division 5. Plumbing Code is hereby deleted in its entirety and replaced to read as follows: DIVISION 5. -PLUMBING CODE Sec. 15.00.710. California Plumbing Code —Adopted. Sec. 15.00.720. Amendments to the California Plumbing Code. Sec. 15.00.730. Penalties for violation of division. Secs. 15.00.740. — 1500099000 Reserved. Sec. 15.00.710. California Plumbing Code —Adopted. Except as amended by Section 15.00.720, the 2025 California Plumbing Code (Part 5 of Title 24 of the California Code of Regulations) and the appendices thereto, based on the 2024.1. Uniform Plumbing Code published by the International Association of Plumbing and Mechanical Officials, is hereby adopted and incorporated herein by reference as though fully set forth in this Division and shall constitute the Plumbing Code of the City. A copy of such Code has been deposited in the office of the City Clerk and shall be, at all times maintained by the City Clerk for use and examination by the public. Sec. 15.00.720. Amendments to the California Plumbing Code. (1) Section 101.4.1 is added to the California Plumbing Code to read as follows: 1Ail .4.1 Conflicts with Administration Code. Where conflicts between Chapter 1, Division II of this Plumbing Code and the Administration Code occur, the Administration Code will prevail. The purpose of Chapter 1, Division II of the Plumbing Code is to supplement the Administration. (2) Section 104.5 of the California Plumbing Code is amended to read as follows: 104.5 Fees. Refer to Administration Code Section 109. (3) Section 722.E is added to the California Plumbing Code to read as follows: 722.E No such excavation shall be left unattended at any time unless the permittee shall have first provided a suitable and adequate barricade to assure public safety. Sec. 15.00.730. Penalties for violation of division. 26 Ordinance No. 03 (2025) It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this Division. Secs. 15.00.740 — 15.00.900. Reserved. SECTION 6: Title 15 (Building and Construction Safety), Chapter 15.00, Division 6. Electrical Code is hereby deleted in its entirety and replaced to read as follows: DIVISION 6. -ELECTRICAL CODE Sec. 15.00.910. California Electrical Code —Adopted. Sec. 15.00.920. Amendments to the California Electrical Code. Sec. 15.00.930. Penalties for violation of division. Secs. 15.00.940. — 15.00.1100. Reserved. Sec. 15.00.910. California Electrical Code —Adopted. Except as amended by Section 15.00.920, the 2025 California Electrical Code (Part 3 of Title 24 of the California Code of Regulations), and the appendices thereto, based on the 2023 National Electrical Code published by the National Fire Protection Association, is hereby adopted and incorporated herein by reference as though fully set forth in this Division and shall constitute the Electrical Code of the City. A copy of such Code has been deposited in the office of the City Clerk and shall be, at all times, maintained by the Clerk for use and examination by the public. Sec. 15.00.920. Amendments to the California Electrical Code. (1) Section 89.101.7.4 is added to the California Electrical Code to read as follows: 89.101.7.4 Conflicts with Administration Code. Where conflicts between Article 89 of this Electrical Code and the Administration Code occur, the Administration Code shall prevail. The purpose of Article 89 of the Electrical Code is to supplement the Administration Code. (2) Section 89.108.4.2 of the California Electrical Code is amended to read as follows: 89.108.4.2 Fees. Refer to Administration Code Section 109. 27 Ordinance No. 03 (2025) (3) Section 89.108.8 of the California Electrical Code is amended to read as follows: 89.108.8 Appeals Board. Refer to Administration Code Section 113. (4) Section 590.3(8) of the California Electrical Code is amended to read as follows: 590.3(BI 30 Days. Temporary electrical power and lighting 463 shall be permitted for a period not to exceed 30 days for holiday decorative lighting and similar purposes. Sec. 15.00.930 Penalties for violation of division. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this Division. Secs. 15.00.940—15.00.1100. Reserved. SECTION 7: Title 15 (Building and Construction Safety), Chapter 15.00, Division 12. Residential Code is hereby deleted in its entirety and replaced to read as follows: DIVISION 12. —RESIDENTIAL CODE Sec, 15.00,3210. California Residential Code — Adopted. Sec. 15.00.3220. Amendments to the California Residential Code. Sec. 15.00.3230. Penalties for violation of division. Sec. 15.00.3210. California Residential Code —Adopted. Except as otherwise provided by this Title, Sections 102 to 116 of the Administration Code, Section 1207 of Chapter 12, and Appendix J of the 2025 California Building Code (Part 2 of Title 24 of the California Code of Regulations) are hereby adopted and incorporated herein by reference as though fully set forth in this Division, and shall be known as Sections R102 to 116 of Chapter 1, Section 1207 of Chapter 12, and Appendix J of the 2025 California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations). Except as amended by Section 15.00.3220, the 2025 California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations), and Appendices H (Patio WOO Ordinance No. 03 (2025) Covers), J (Existing Buildings and Structures), K (Sound Transmission), and O (Automatic Vehicular Gates) thereto, based on the 2024 International Residential Code published by the International Code Council, is hereby adopted and incorporated herein by reference as though fully set forth in this Division and shall constitute the Building Code of the City. A copy of such Code has been deposited in the office of the City Clerk and shall be, at all times, maintained by the City Clerk for use and examination by the public. Sec. 15.00.3220. Amendments to the California Residential Code. (1) Section R301.1.3.2 of the California Residential Code is amended to read as follows: R301.1.3.2 Wood frame structures. The building official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of wood frame construction more than two stories and basement in height located in Seismic Design Category A, B or C. Notwithstanding other sections, the law establishing these provisions is found in Business and Professions Code sections 5537 and 6737.11 The building official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of wood frame construction more than one story in height or with a basement located in Seismic Design Category DO, D1, or D2. (2) Sections R309.1 and R309.2 of the California Residential Code are revised by amending the exception to these two Sections to add exception 3 to read as follows: Exception 3: An automatic residential fire sprinkler system shall not be required for additions or alterations to existing bungs that are not already provided with an automatic residential fire sprinkler system unless the addition or alteration affects more than 90% of an existing structure located within a Very High Fire Hazard Severity Zone. In that instance, modifications to more than 90% of the existing structure shall be considered a new structure and shall require the installation of an automatic residential fire sprinkler system and meet Fire Zone requirements. (3) Section R337.1.3 of the California Residential Code is amended to restate exemption 5 as follows: 5. Additions to and remodels of buildings originally constructed prior to the applicable application date that do not affect more than 90% of the existing structure. Modifications to more than 90% of the existing structure shall be considered a new structure. Ordinance No. 03 (2025) (4) Section R341 is added to the California Residential Code to read as follows: R341 Sound Transmission Control. Criteria for sound transmission control between dwelling units and outside noise shall be as provided in the California Building Code. Refer to Section 1206 of the California Building Code for criteria where sound transmission applies. (5) Section R342 is added the California Residential Code to read as follows: R342 Structural Tests and Inspections. Structural test and inspection requirements which are omitted from the California Residential Code are intended to refer to the California Building Code. When structural tests and special inspections are required due to the methods of construction the tests and inspections shall be performed and documented as required in Chapter 17 of the California Building Code. (6) Section R343 is added to the California Residential Code to read as follows: R343 Pool Barrier Requirements. Pool barrier criteria are not explicitly located within the California Residential Code and are intended to refer to the California Building Code. Where any body of water over 18" occurs, refer to California Building Code Section 3109 for pool barrier requirements. (7) Section R403.1.4.1 of the California Residential Code is amended to read as follows: R403.1.4.1 Foundations on Expansive Soil. Unless otherwise specified by a registered geotechnical engineer, foundation systems within the City of Diamond Bar are considered to be on expansive soil and shall be constructed in a manner that will minimize damage to the structure from movement of the soil. See Building Code Section 1809.4 for requirements. (8) Section R602.10 of the California Residential Code is amended by the addition of an exception to read as follows: R602.10 Wall bracing. EXCEPTION: Construction documents shall be designed in accordance with engineered design by a California licensed architect or engineer per the California Building Code for dwellings of wood frame construction more than one story. (9) Section R602.10.8, item 1, of the California Residential Code is amended to read as follows: R602.10.8 Braced wall panel connections. 30 Ordinance No. 03 (2025) 1. Parallel rafters or roof trusses shall be attached to the top plates of braced wall panels through solid blocking and framing anchors or equal each bay. No gaps or voids from the roof sheathing through the entire connection shall occur. Sec. 15.00.3230 Penalties for violation of division. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefore as provided in this Division. SECTION 8: Title 15 (Building and Construction Safety), Chapter 15.00, Division 13. Green Building Code is hereby deleted in its entirety and replaced to read as follows: DIVISION 13. —GREEN BUILDING CODE Sec. 15.00.3240. California Green Building Code — Adopted. Sec. 15.00.3250. Reserved. Sec. 15.00.3260. Penalties for violation of division. Sec. 15.00.3240. California Green Building Code —Adopted. Except as amended by Section 15.00.3250, the 2025 California Green Building Code (Part 11 of Title 24 of the California Code %J Regulations), without appendices, is hereby adopted and incorporated herein by reference as though fully set forth in this Division and shall constitute the Green Building Code of the City. A copy of such Code has been deposited in the office of the City Clerk and shall be, at all times, maintained by the City Clerk for use and examination by the public. Separate waste diversion ordinances outlined in Chapter 8.16 of Title 8 and landscape ordinances contained in Chapter 22.26 of Title 22 shall remain effective and in full force notwithstanding the adoption of the California Green Building Code. Sec. 15.00.3250. Reserved. Sec. 15.00.3260. Penalties for violation of division. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to 31 Ordinance No. 03 (2025) comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefore as provided in this Division. SECTION 9: Title 15 (Building and Construction Safety), Chapter 15.00, Division 14. Wildland-Urban Interface Code is hereby added and read as follows: DIVISION 14. — WILDLAND-URBAN INTERFACE Sec. 15.00.3280. Wildland-Urban Interface Code — Adopted. Sec. 15.00.3290. Reserved. Sec. 15.00.3300. Penalties for violation of division. Sec. 15.00.3280. Wildland-Urban Interface Code —Adopted. Except as amended by Section 15.00.3290, the 2025 California Wildland-Urban Interface Code (Part 7, Title 24 of the California Code of Regulations), without appendices, is hereby adopted and incorporated herein by reference as the Wildland- Urban Interface Code of the City. A copy of such Code has been deposited in the office of the City Clerk and shall be, at all times, maintained by the City Clerk for use and examination by the public. The City Council hereby designates Very High Fire Hazard Severity Zones as recommended by the Director of the California Department of Forestry and Fire Protection and as shown on the map titled Very High Fire Hazard Severity Zones in Local Responsibility Area (LRA) for Diamond Bar prepared by the Fire and Resource Assessment Program (FRAP), dated March 24, 2025. This map shall be retained on file in the office of the Building Official and made available for public inspection. Sec. 15.00.3290. Amendments to the Wildland-Urban Interface Code. Reserved. Sec. 15.00.3300. Penalties for violation of division. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this division. Any person, firm, partnership, or corporation violating any provision of this division or failing to comply with the requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000.00 or by imprisonment not exceeding six months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of 32 Ordinance No. 03 (2025) this division or the code adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this division. SECTION WE Any inconsistencies between the Building Code, Residential Code, Electrical Code, Mechanical Code, Plumbing Code, Wildland-Urban Interface Code, Green Building Standards, as adopted by this Ordinance, and the 2025 California Building Code, Residential Code, Electrical Code, Mechanical Code, Plumbing Code, Wildland-Urban Interface Code, Green Building Standards, as set forth in Parts 2, 2.5, 3, 4, 51 7, and 11, respectively, of Title 24 of the California Code of Regulations, are changes, modifications, amendments, additions or deletions thereto authorized by California Health and Safety Sections 17958.5 and 17958.7. SECTION 11: To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Diamond Bar City Code, these provisions shall be construed as continuations of those provisions and not as new enactments. SECTION 12: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part hereof or exhibit hereto is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this Ordinance or any part thereof or exhibit thereto. The City Council of the City of Diamond Bar hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. SECTION 13: This ordinance shall take effect on the 1st day of January, 2026. PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Diamond Bar on the 181H day of November, 2025. CITY OF DIAMOND BAR Chia Yu Teng, M 33 Ordinance No. 03 (2025) ATTEST: I, Kristina Santana, City Clerk of the City of Diamond Bar, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the 4th day of November, 2025, and was duly passed and adopted at a regular meeting of the City Council held on the 18th day of November, 2025, by the following vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS Chou, Liu, Low, MPT/Tye M/Teng None None Kristina Santana, City Clerk 34